Terms and Conditions and Customer Information

1. General Terms and Conditions

§ 1 Basic provisions

(1) The following terms and conditions apply to contracts concluded with us as a provider (Relenda GmbH) via the website www.rewearpoint.de. Unless otherwise agreed, the inclusion of any terms and conditions of your own use is contradicted.

(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that can be attributed predominantly neither to their commercial nor to their independent professional activity. An entrepreneur is any natural or legal person or a legal partnership that, when entering into a legal transaction, who acts in fulfilment of his/her independent professional or commercial activity.

§ 2 Conclusion of the contract

(1) The subject of the contract is the sale of new and / or used goods.

We sell the goods partly or exclusively as a commission agent in our own name on a foreign account, that is for a third party as the owner of the goods. Contractual partners with all rights and obligations apply irrespective of us.

(2) With the placement of the respective product or product package on our website, we make you a binding offer to conclude a contract for the conditions specified in the item description.

(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are stored in the “shopping cart”. You can view the “shopping cart” and make changes there at any time via the corresponding button in the navigation bar.
After accessing the “Checkout” page and entering the personal data as well as the terms of payment and shipping, all order data will be shown on the order summary page.
Insofar as you use an immediate payment system (currently PayPal) as the payment method, you will either be directed to the order overview page in our online shop or you will first be redirected to the Internet site of the provider of the immediate payment system.
If the forwarding to the respective instant payment system takes place, make the appropriate selection or input of your data there. Finally, you will be directed back to our online shop on the order overview page.
With a purchase on account, you will receive an invoice from us after shipping the goods.

Before submitting the order, you have the opportunity to review all information here again, to change (also possible via the “back” function of the Internet browser) or cancel the purchase.
By submitting the order via the “Submit order” button you declare acceptance of the offer in a legally binding manner, whereby the contract is effectively concluded.

(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partially automated by email. You therefore have to ensure that the email address you provide us with is correct, that the receipt of the emails is technically ensured and, in particular, that no SPAM filters prevent this.

§ 3 Rights of use

(1) If we provide you with photographs of the goods purchased by you at the same time as or after the purchase, we hereby grant you a revocable, non-transferable and non-exclusive permission to use the image material for sales purposes, e.g. as part of an Internet presence. We provide you with corresponding digital files as binding, unchangeable illustrations. You hereby acknowledge that we hold the rights to the image material and that you have not acquired any rights or claims to the image material, except for the right of use granted here. In particular, you may not assign the rights under this contract to third parties and grant sublicenses.

(2) If a third party makes a claim against you for an infringement due to the use of the photographic material, you are obliged to inform us immediately. In deciding on a further course of action, in particular – but without limitation – the choice of legal remedies, the line of reasoning and the choice of the lawyer, we reserve the right to have a say and our respective consent.

§ 4 Right of Retention, Retention of Title

(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.

(2) The goods remain our property or the property of the principal until full payment of the purchase price.

(3) If you are an entrepreneur, the following additions apply:
a) We or the principal reserves ownership of the goods until full settlement of all claims arising from the current business relationship. A pledge or security transfer is not permitted prior to the transfer of ownership of the reserved goods.
b) You can resell the goods in the ordinary course of business. In this case, you now assign to us all claims in the amount of the invoice amount that are accrued by you from the resale. We accept this assignment. You are further authorised to recover the debt. If you do not properly meet your payment obligations, however, we reserve the right to recover the debt ourselves.
c) We undertake to release the securities to which we are entitled at your request to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is our responsibility.

§ 5 Warranty

(1) The statutory warranty rights exist.

(2) For used goods, the claims for defects are excluded if the defect only becomes apparent after one year after delivery of the goods. If the defect manifests itself within one year from the delivery of the goods, the claims for defects can be asserted within the statutory limitation period of two years from delivery of the goods. The above restriction does not apply:
– culpably caused damages for injury to life, limb or health and for intentional or grossly negligent other damages;
– as far as we have fraudulently concealed the defect or have taken over a guarantee for the condition of the item.

(3) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects and damage in transit and to notify us and the freight forwarder of complaints as soon as possible. If you do not comply with this, this does not affect your statutory warranty claims.

(4) Insofar as you are an entrepreneur, the following applies contrary to the above warranty regulations:

  1. a) As a condition of the item only our own information and the product description of the manufacturer are deemed as agreed, but not other advertising, public suggestions and statements of the manufacturer.
  2. b) In the case of defects, we provide warranty at our discretion by means of repair or subsequent delivery. If the remedial action fails, you can request a reduction or withdraw from the contract. The elimination of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the item or the defect or the other circumstances indicate otherwise. In the case of rectification, we do not have to bear the increased costs incurred by the shipment of the goods to a place other than the place of performance, unless the shipment corresponds to the intended use of the goods.
  3. c) The warranty period is one year from the delivery of the goods. The reduction of the time limit does not apply in the event of:
    – culpably caused damages for injury to life, limb or health and for intentional or grossly negligent other damages;
    – as far as we have fraudulently concealed the defect or have assumed a guarantee for the condition of the item;
    – in the case of items that have been used for a structure in accordance with their normal use and have caused the defectiveness of the latter;
    – in the case of legal recourse claims that you have against us in connection with warranty rights.

§ 6 Liability

(1) Unless otherwise agreed in this Agreement, the parties are liable to each other as follows:
a) For any intentional or grossly negligent cause of damage by a party, their respective legal representatives or vicarious agents;
b) in the event of intentional or negligent injury to life, body or health by a party, their respective legal representatives or vicarious agents;
c) as far as a party, their respective legal representatives or vicarious agents fraudulently concealed the defect of an item or assumed an explicit guarantee;
d) for claims under the Product Liability Act up to the legally stipulated maximum liability amount;
c) insofar as it is not a case of section 6 para. 1 a)-d), the parties shall otherwise only be liable for breach of essential contractual obligations in the case of simple negligence by the other party, its respective legal representative or vicarious agents and limited to the typically foreseeable damage. Significant contractual obligations here are those contractual obligations, the fulfilment of which enables the proper execution of the contract in the first place and on whose observance the other party regularly trusts and can rely upon. The parties agree that the typically foreseeable damage in the case of property damage is a maximum of € 5,000,000.00 and for other financial losses a maximum of € 250,000.00.
(2) Further liability of the parties is excluded.

§ 7 Governing law, place of performance, place of jurisdiction

(1) German law applies. For consumers, this governing law applies only to the extent that this does not remove the protection afforded by mandatory provisions of the law of the state of the consumer’s habitual residence (favourable principle).

(2) The place of performance for all services arising from our existing business relationships and jurisdiction is our headquarters (Cologne), as far as you are not a consumer, but a merchant, legal entity under public law or special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or the place of residence or habitual residence is not known at the time the complaint is filed. The right to appeal to the court at another statutory place of jurisdiction remains unaffected.

(3) The provisions of the UN Sales Convention explicitly do not apply.

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2. Customer information

1. Identity of the seller

Relenda GmbH
Halberstädterstr. 115a
39113 Magdeburg
Germany
Phone: +49 391/556 889 48
Email: info@rewearpoint.de

Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr.

We are not prepared to participate in dispute resolution procedures before consumer arbitration boards.

2. Information about the conclusion of the contract

The technical steps to conclude the contract and the contract itself are made in accordance with the regulations “Conclusion of the contract” of our General Terms and Conditions (Part I.).

3. Contract language, contract text storage

3.1. The contract language is German.

3.2. The complete contract text will not be saved by us. Before submitting the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser’s print function. After the order has been received by us, the order data, the legally required information for distance contracts and the general terms and conditions will be sent to you by email.

3.3. In the case of requests for quotations outside the online shopping cart system, you will receive all contract data in the form of a binding offer in text form, e.g. by email, which you can print or electronically save.

4. Essential features of the product or service

The essential characteristics of the product and / or service can be found in the respective offer.

5. Prices and Payment Terms

5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They contain all price components including all applicable taxes.

5.2. The shipping costs are not included in the purchase price. They can be retrieved via a correspondingly designated button on our website or in the respective offer, will be shown separately during the ordering process and must also be borne by you, unless delivery free of charge has been promised.

5.3.. The payment methods available to you are shown under a corresponding button on our website or in the respective offer.

5.4. Unless otherwise stated in the individual payment methods, the payment claims under the contract are immediately due for payment.

6. Information about shipping and delivery

6.1. Information about shipping can be found in the respective offer or at
https://rewearpoint.de/en/shipping-and-payment/ 

6.2. Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the goods sold will only be transferred to you upon delivery of the goods during the shipment, irrespective of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a carrier not designated by the entrepreneur or any other person designated to carry out the shipment.

If you are an entrepreneur, the delivery and shipment is carried out at your risk.

7. Statutory warranty right

The liability for defects is governed by the “Warranty” provision in our General Terms and Conditions (Part I). Our data protection policy can be found at https://rewearpoint.de/en/data-protection/.